for themselves. (Atk. Conv. Man. 12.) In general the names of all the parties should be mentioned in the recital (without the addition of their residences or professions; 1 Dav. 56, Hayes' C. Conv. 35), though where it is important to be concise, and the parties are very numerous, and many of them, as frequently happens, have little or no concern with the title, then it will be quite sufficient to refer to them in this way, "and several other persons of the fourth part." (Atk. Con. Man. 13; Hayes' Concise Conv. 52.) In the recital of "general words" it is generally sufficient to use the word "appurtetenances." (Atk. Conv. Man. 21.) Where there are numerous trusts to be recited, many of which have been satisfied or become incapable of taking effect, and are no longer relevant to the title, it will in general be proper to relate only those which still affect the will, and to pass the others over, only referring to them in this way: "To divers uses in the said indenture declared and limited, and which have become incapable of taking effect.' (At. Conv. Man. 25.)

Where uses are limited by reference, the deed to which reference is made should be recited fully so far as relates to the uses. (Atk. Conv. Man. 25; 6 Byth. 496. In the recital of the parties to a deed, the words "therein particularly described," constantly added to each name, should be omitted. (1 Dav. 28.)

Every fact and instrument should be recited in the order of its date (1 Dav. 44), but when separate estates or interests are to be dealt with, such recitals as relate exclusively to any particular estate or interest may often be grouped together. (Dart's V. & P. 339; Martin's C. R. Bk. 50 and 466.) In reciting deeds (except mortgages) it is usual not to state the considerations. Dav. 48.)

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The introductory recital in a conveyance on a sale may be recited either as an agreement for sale or purchase, when each party is acting on his own behalf; but if the vendor sell in pursuance of a power or trust, the agreement should be recited as an agreement for a sale, the power or trust being for him to sell. (1 Dav. 53.)

Where the sale is to be made by public auction only, or private contract only, the recital should show which mode of sale was pursued; but where the mode of sale is immaterial, the recital cannot be framed in terms too general (9 Byth. 247; Hayes' C. Conv. 36), and should not contain any notice of the mode of sale, conditions, &c. (Dart. 340; 2 Dav. 190.) Where a deed is executed in pursuance of a written agreement, it is generally inexpedient to recite that agreement unless it be material to the full operation or validity of the deed. (Dart. 340; 2 Dav. 190.)

Technical terms should be used in the sense which usage has affixed to them. Thus the words "convey" and "seised" are applied

to freeholds; "possessed" and "assign" to leaseholds; "entitled" and "transfer" to funded property. (Martin's Conv. R. Bk. 32.)

When there are several instruments constituting, as it were, one conveyance, they should be recited according to their united operation. (Martin's Conv. R. Bk. 50.)

The draftsman has been recommended to omit the following expressions from his recitals :-" him surviving"-that on account of the mortgage-money not being paid at the time appointed, "the estate of the said [mortgagee] became absolute at law but redeemable in equity" (1 Dav. 23 and 25; Atk. Conv. Man. 26); "as he doth hereby admit and acknowledge;" as tenants in common" and not as joint tenants" (1 Dav. 24); "free from incumbrances" (1 Dav. 55 ; Hayes' C. Conv. 37);" on or about," "expressed to be made" (Cornish, 28; 5 Byth. 594; 9 Byth. 588; Martin's C. R. Bk. 48 and 461); "after reciting as therein is recited" (Atk. Conv. Man. 16); " except as therein excepted" (Atk. Conv. Man. 21); "as by the said indentures reference being thereunto had, will more fully and at large appear" (Hayes' C. C nv. 82); “departed this life" (2 Dav. 189), in lieu of the single word "died."

CONSIDERATION.

Considerations are either "valuable,”- -as money, money's worth, marriage, and the like-or "good," - as consanguinity, natural love and affection, and the like. (1 Tomlin's Law Dictionary, tit. "Consideration.") It is desirable to state the consideration with precision (Dart. 341); but if there be no consideration, or none which admits of being stated, the expression "for divers good considerations" should be introduced so as to deter purchasers and mortgagees from dealing with the grantor on the assumption that the deed is voluntary. (1 Dav. 59.)

Where there is one consideration stated in a deed, proof may be given of any other consideration which existed, not in contradiction of the instrument. (1 Dav. 60.)

If the consideration be the obligation, or relative situation of the parties, as developed by the recitals, the witnessing part is usually expressed to be made "in consideration of the premises." (1 Dav. 60.)

The nominal consideration expressed to be paid to the conveying or assuring parties should generally be omitted. (1 Dav. 61; Cornish, 115, n. (8); Supplement to Barton's Conveyancing, 216.)

When the instrument contains more than one witnessing part, the whole consideration should be stated in the first part. (1 Dav. 61.) If the consideration be something future or contingent, and afterwards fail, the deed is not thereby avoided. (1 Dav. 65.)

After the conveyance is executed, a Court of Equity will not

relieve against an inadequate consideration, unless the inadequacy is very gross. (1 Dav. 65; Sug. V. and P.)

The only considerations (in general) which protect a conveyance from a subsequent one to a purchaser, are money and money's worth and settlements before marriage. (Cornish, 33, n. 2.)

Where the consideration is very complicated, and consists of several particulars, it seems better to state it by way of recital. (Atk. Conv. Man. 40.)

Omit such expressions as "lawful money of the United Kingdom," "lawful British money," "well and truly paid." (1. Dav. 60, 61.)

OPERATIVE WORDS.

The word "grant" is a sufficient word of conveyance of a freehold estate (1 Dav. 70), although that and several other words are frequently used in one conveyance.

In assignments of chattels real and personal, the only general proper operative word is "assign" (1 Dav. 74), although until recently the words "bargain, sell, assign, transfer, and set over," were the usual proper operative words; and, indeed, they are to be found in drafts drawn within the last year or two.

Executors having a naked power to sell real estate convey by the words "bargain and sell." (1 Dav. 69; 2 Dav. 156.)

The words "dispose of" are generally employed as operative words of conveyance by married women. (2 Dav. 165, n. (e.)

Such expressions as the following should not be used in a deed :"according to their estate and interest, if any;" "if and so far as they lawfully can or may, but not further or otherwise." (2 Dav. 239, n. (c); Dart. 345; Cornish, 42.)

PARCELS.

In describing the property, three things must be attended to :1. The description must be sufficient to comprise all the property; 2. It must be sufficiently descriptive to ascertain them; 3. The description in the deed in preparation must be so connected with the description in the former deeds as to show the identity of the lands throughout the title. (Atk. Conv. Man. ; 1 Dav. 79; Martin's Conv. R. Bk. 304.)

The parcels, in the case of real estate, are copied from the latest description in the abstract of title, with such variations only as the change of tenancy or condition may require; but if there has been no new description for a considerable time, one should be framed from an actual survey, or the particulars of sale, or the valuation of the mortgagee's surveyor. (1 Dav. 78.)

In conveying a remainder or reversion, the property should be conveyed by a common description as if it were in possession, and in

the habendum it should be stated that it is conveyed subject to the prior (1 Dav. 83; Dart. 347.)

estates.

The most convenient place for the insertion of any exceptions or reservations is after the all the estate" clause. (1 Dav. 90.)

HABENDUM.

The habendum usually specifies briefly the different kinds of property assured, and should include, by some expression, all that has been previously assured. (1 Dav. 94; Cornish, 29.)

An appointment under a power, or a simple declaration of uses (1 Dav. 94; Hayes' C. Conv. 32), or a surrender of a lease (2 Byth. 170), or a will limiting estates in settlement (1 Dav. 95), does not contain an habendum.

Generally speaking, a person not named in the premises cannot take an immediate estate in the habendum; but he may take an estate in remainder. (1 Dav. 95; Cornish, 50; 9 Byth. 87; Martin's Conv. R. Bk. 13.)

Nothing can be added by the habendum to what has been granted by the premises; but a mere variation of name in the habendum is of no importance. (1 Dav. 96; Cornish, 30.)

If the habendum be void, and no estate be limited in the premises, the deed is void; but where an express estate is limited by the premises, there, if the habendum be void, the estate limited by the premises will take effect. (1 Dav. 96; Cornish, 30.)

If an express estate be limited in the premises, and an estate be created by the habendum in abridgment of, inconsistent with, or repugnant to the estate limited in the premises, in such case the premises will be good and the habendum void. (1 Dav. 96.)

The habendum may enlarge or qualify the estate limited by the premises (2 Dixon on Title Deeds, 625), but it cannot abridge such estate. (1 Dav. 98; Cornish, 29; 4 Byth. 319; 9 Byth. 84.)

Where an estate is conveyed, subject to incumbrances, these should be excepted in the habendum. (Atk. Conv. Man. 42.)

When uses are to be declared on the seisin of a releasee or feoffee, the conveyance should be to him and his heirs, and not to him, his heirs and assigns. (2 Byth. 244.)

COVENANTS.

Any words in a deed which indicate an agreement or declaration of intention, are sufficient to constitute a covenant; but the word "covenant" alone is the most appropriate word. (1 Dav. 101; Suppt. to Barton's Conveyancing, 7; Tomlin's Law Dict, tit. "Covenant.")

In a deed in which freehold property is conveyed to a grantee to several uses, the covenants should be entered into with the grantee and the Statute of Uses will distribute the benefit of the covenants. to the several cestuis que use. If there be no grantee, the covenants should be entered into with the person taking the first legal estate under the conveyance. (1 Dav. 110; Cornish, 73-75; Atk. Conv. Man. 188; 2 Dav. 193.)

When the covenantees are tenants in common of property to which the covenants relate, the covenants should be entered into with them severally; but where they are joint tenants, the covenants should be with them jointly. (1 Dav. 112.)

Covenants to indemnify or release the covenantees should generally be both joint and several. (1 Dav. 112.)

Land tax, quit rent, or any similar charge, should not be excepted in the covenant against incumbrances, or other covenants for title. (1 Dav. 113.)

Tenants in common, on a sale, covenant severally as to their several undivided shares; but joint tenants sometimes covenant jointly, though it is better to make them covenant as nearly as possible as if they were tenants in common. (1 Dav. 114.)

Persons entitled to the money arising from the sale must enter into the usual covenants for title (3 Atk. Reports, 264; Dart. 356), except when such money is to be first applied in payment of debts which are unpaid at the time of the sale. (3 Ves. 233, 504; Cornish, 130.)

In covenanting against the acts of ancestors named in a deed, they should be named in the order in which they were seised, and the last seised first, in this form, "that notwithstanding any act done by the said [father] by the said [grandfather], &c." (Atk. Conv. Man. 188.)

Covenants cannot be discharged, before breach, otherwise than by deed. (4 Byth. 390.)

In a mortgage, in which are several mortgagors, the covenants should be joint and several. (2 Dav. 792.)

The above are some of the most important and practical points (which I have been able to collect) to be attended to in preparing deeds. If any of your readers have been able to find any additional ones, I should feel obliged to them if they would forward them to you, for the benefit of their fellow-readers.

Apologizing for the length of this letter,

I remain, as before,

ONE WHO LIKES TO SEE A NEAT DEED